# The Plant Breeders' Rights (Festulolium) Scheme 1990 S.I. 1990/1593 · made 30 July 1990 This Scheme, made under the Plant Varieties and Seeds Act 1964 prescribes all varieties of Festulolium as varieties in respect of which grants of plant breeders' rights may be made and also prescribes the period of twenty-five years as that during which the rights may be exercised (paragraphs 2 and 3). Made under: Plant Varieties and Seeds Act 1964 (Section 1, Section 3, Section 5, Section 38) PDFs: Printed copy https://openlegislation.uk/plant-breeders-rights-festulolium-scheme-1990/pdf/uksi_19901593_en.pdf ## Introductory text PLANT BREEDERS' RIGHTS Made 30th July 1990 Laid before Parliament 7th August 1990 Coming into force 28th August 1990 The Minister of Agriculture, Fisheries and Food, the Secretary of State for Scotland, the Secretary of State for Wales and the Secretary of State for Northern Ireland, acting jointly, as respects the United Kingdom, in exercise of the powers conferred on them by sections 1(1) and (5), 3(1), 5(7), and 38(1) of the Plant Varieties and Seeds Act 1964 as extended to Northern Ireland and the said Minister and the Secretary of State, acting jointly, as respects the Isle of Man, in exercise of the said powers as extended to the Isle of Man, after consultation in accordance with section 1(5) of the said Act with the Controller of Plant Variety Rights and with representatives of such interests as appear to them to be concerned, and in exercise of all other powers enabling them in that behalf, hereby make the following Scheme: ## 1 Title, commencement and interpretation (1) This Scheme may be cited as the Plant Breeders' Rights (Festulolium) Scheme 1990 and shall come into force on 28th August 1990. (2) In this Scheme “the Act” means the Plant Varieties and Seeds Act 1964. ## 2 Plant varieties for which plant breeders' rights may be granted There are prescribed for the purposes of the grant of plant breeders' rights all plant varieties of Festulolium which conform with the characteristics of cultivated plant varieties of x. Festulolium spp. ## 3 Period for which rights are exercisable The period for which plant breeders' rights shall be exercisable in respect of any of the plant varieties referred to in paragraph 2 of this Scheme shall be 25 years. ## 4 Class of plant varieties for the purposes of section 5(7) of the Act In relation to x. Festulolium spp. the class of plant varieties prescribed for the purposes of section 5(7) of the Act (which enables classes of plant varieties to be prescribed in connection with the use of names likely to deceive or cause confusion) consist of all plant varieties of the species specified in the Schedule to this Scheme. ## Signature In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 23rd July 1990. L.S. John Selwyn Gummer Minister of Agriculture, Fisheries and Food Sanderson of Bowden Minister of State, Scottish Office 23rd July 1990 David Hunt Secretary of State for Wales 20th July 1990 Peter Brooke Secretary of State for Northern Ireland 30th July 1990 David Waddington Secretary of State for the Home Department (being the Secretary of State concerned with matters relating to the Isle of Man) Home Office 27th July 1990 ## SPECIES OF WHICH PLANT VARIETIES ARE PRESCRIBED FOR THE PURPOSES OF SECTION 5(7) OF THE ACT Name Common Name Agrostis canina L. ssp. montana (Hartm.) Hartm. Brown Bent Agrostis canina L. canina Velvet bent Agrostis gigantea Roth Red top Agrostis stolonifera L. Creeping bent Agrostis capillaris L. Brown top Alopecurus pratensis L. Meadow foxtail Arrhenatherum elatius (L.) P. Beauv. ex. J. S. et K. B. Presl. Tall oatgrass Bromus catharticus Vahl. Rescue grass Bromus inermis Lesser Smooth brome, Awnless brome Bromus sitchensis Trin Alaska brome-grass Cynosurus cristatus L. Crested dogstail Dactylis glomerata L. Cocksfoot Festuca arundinacea Schreber Tall fescue Festuca ovina L. sensu lato Sheep’s fescue, fine-leaved sheep’s fescue, hard fescue Festuca pratensis Hudson Meadow fescue Festuca rubra L. Red fescue, Chewings fescue Lolium multiflorum Lam. Italian and Westerwolds ryegrass Lolium perenne L. Perennial ryegrass Lolium x boucheanum Kunth Hybrid ryegrass Phalaris arundinacea L. Reed canarygrass Phelum pratense L. and Phelum bertolonii DC. Timothy Poa annua L. Annual meadowgrass Poa nemoralis L. Wood meadowgrass Poa palustris L. Swamp meadowgrass Poa pratensis L. Smooth Stalked meadowgrass Poa trivialis L. Rough Stalked meadowgrass Trisetum flavescens (L.) P. Beauv. Golden oatgrass, Yellow oatgrass x. Festulolium spp. Festulolium hybrids ## Explanatory note (This note is not part of the Scheme) This Scheme, made under the Plant Varieties and Seeds Act 1964 prescribes all varieties of Festulolium as varieties in respect of which grants of plant breeders' rights may be made and also prescribes the period of twenty-five years as that during which the rights may be exercised (paragraphs 2 and 3). The Plant Varieties and Seeds Act 1964, as read with this Scheme, provides that infringements of the rights in the registered name of a variety of Festulolium may be the subject of legal proceedings when committed in connection with a class of that variety which is specified for that purpose in the Schedule to this Scheme (paragraph 4 and Schedule). --- Source: https://www.legislation.gov.uk/uksi/1990/1593 (the official version) Page: https://openlegislation.uk/plant-breeders-rights-festulolium-scheme-1990 Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.